Transfer of Business and Acquired Employee Rights

This book provides practical, business-orientated and accessible guidance on key employment and labour law aspects in national and international transfers of business in the European Union, its member states and selected important countries around the world. It contains a comprehensive overview of relevant topics such as safeguarding of employees' rights, impacts on employees' representatives and on collective agreements, company pension entitlements, insolvency, M&A transactions and cross-border transfers of business for each country covered. This overview is accompanied by summaries of leading case law and excerpts of important national regulations.

Transfers of business play an important role in today's globalised business world. In particular, employment and labour impacts of transfers of businesses are often a driving legal and business factor in national and international restructurings and M&A transactions. The successful implementation of transfers of business requiresto recognise and comply with the relevant legal frameworks of the countries involved.

This publication is written by specialised employment lawyers from around the globe and addresses in-house counsels, human resources managers and legal advisors in charge of or accompanying national or international transactions.

Part I – EU Law and EU Countries: 1. European Union Law by Jens Kirchner and Sascha Morgenroth.- 2. Austria by Stephan Nitzl and Christian Stuppnig.- 3. Belgium by Eddy Lievens.- 4. The Czech Republic by Petr Samec and Markéta Cibulková.- 5. Denmark by Jonas Enkegaard and Kristine Friis Nolsø.- 6. France by Philippe Danesi and Marie-Astrid Bethenod.- 7. Germany by Jens Kirchner and Sascha Morgenroth.- 8. Hungary by Helga Fehér.- 9. Italy by Fabrizio Morelli.- 10. The Netherlands by Hélène Bogaard.- 11. Poland by Agnieszka Lechman-Filipiak and Katarzyna Magnuska.- 12. Romania by Monica Georgiadis.- 13. Spain by Pilar Menor.- 14. Sweden by Johan Sundberg and Emil Ödling.- 15. United Kingdom by Tim Marshall and Kate Hodgkiss.- Part II - Non-EU Countries: 16. Russia by Vladislav Mazur.- 17. Switzerland by Vincent Carron and Anne Roux-Fouillet.- 18. Turkeyby Melek Onaran Yüksel.- Part III - Middle East and Africa: 19. United Arab Emirates by Neil Crossley.- 20. South Africa by Retha Beerman, Aadil Patel and Faan Coetzee.- Part IV – Americas: 21. Brazil by Priscila da Rocha Lago and Thiago Ramos Barbosa.- 22. Canada by Richard Press.- 23. Mexico by Maria Rios.- 24. United States of America by Erin D'Angelo.- Part V - Asia and Pacific: 25. Australia by Rick Catanzariti.- 26. People's Republic of China by Johnny Choi, Alan Wang and Vivienne Jin.- 27. Japan by Lance Miller, Hajime Iwaki, Lawrence Carter and Keiji Nasuda.